context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time ... | {
"signal": "see also",
"identifier": "960 F.2d 439, 446",
"parenthetical": "discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith... | {
"signal": "cf.",
"identifier": "109 S.Ct. 1827, 1834",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating t... | 10,515,164 | a |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of ... | {
"signal": "see also",
"identifier": "960 F.2d 439, 446",
"parenthetical": "discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith... | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time ... | {
"signal": "cf.",
"identifier": "490 U.S. 319, 329",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that... | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2... | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time ... | {
"signal": "cf.",
"identifier": "109 S.Ct. 1827, 1834",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating t... | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2... | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time ... | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of ... | 10,515,164 | a |
In addition, the Court notes the significance that, in this case, Class Counsel did not begin negotiating their fee until all of the settlement terms for the Class had been fully negotiated. (PI. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a settlement agreement which contained an award of attorneys' fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, ... | {
"signal": "no signal",
"identifier": "962 F.Supp. 577, 577",
"parenthetical": "noting that parties properly negotiated settlement before negotiating attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement ... | 1,361,427 | b |
In addition, the Court notes the significance that, in this case, Class Counsel did not begin negotiating their fee until all of the settlement terms for the Class had been fully negotiated. (PI. | {
"signal": "no signal",
"identifier": "148 F.3d 335, 335",
"parenthetical": "noting that parties properly negotiated settlement before negotiating attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement bef... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a settlement agreement which contained an award of attorneys' fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, ... | 1,361,427 | a |
. Appellant, Coty Williams, appeals the summaiy denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief, which alleged multiple grounds for relief. We find that Williams is entitled to an opportunity to amend 'His third and fifth grounds for relief. | {
"signal": "see",
"identifier": "971 So.2d 754, 761",
"parenthetical": "holding that a defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading requirements should be allowed at least one opportunity to amend",
"sentence": "See Spera v. State, 971 So.2d 754, 761 (Fla. 2007) (ho... | {
"signal": "see also",
"identifier": "996 So.2d 228, 229",
"parenthetical": "requiring an opportunity to amend because \"the trial court did not deny, the claim on the basis of facial insufficiency, and, as such, the appellant could not have been aware of the application of Spera to this issue\"",
"sentence": ... | 12,426,645 | a |
But if a monopsonist's uncompetitive prices are a result not solely of its market power, but also of practices that result in complete control of the input (supply) market, the effect of the monopsonist's practices may be an injury to competition. Moreover, although PSA claims against processors for practices associate... | {
"signal": "see also",
"identifier": "183 F.Supp.2d 824, 827",
"parenthetical": "granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marke... | {
"signal": "no signal",
"identifier": "420 F.3d 1284, 1284",
"parenthetical": "\"[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.\"",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing ... | 3,562,144 | b |
But if a monopsonist's uncompetitive prices are a result not solely of its market power, but also of practices that result in complete control of the input (supply) market, the effect of the monopsonist's practices may be an injury to competition. Moreover, although PSA claims against processors for practices associate... | {
"signal": "see also",
"identifier": "183 F.Supp.2d 824, 827",
"parenthetical": "granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marke... | {
"signal": "no signal",
"identifier": "187 F.3d 978, 978",
"parenthetical": "explaining that the marketing agreements \"essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated\"",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing agreements... | 3,562,144 | b |
[P 18] Sanderson's assertion the word "delivering" in N.D.R.Civ.P. 4(d)(2)(E) and 4(d)(2)(F) includes certified mail would render the inclusion of the specific mailing requirements under N.D.R.Civ.P. 4(d)(2)(A)(v) and 4(d)(2)(D)(iii) redundant and largely meaningless. | {
"signal": "cf.",
"identifier": "30 F.3d 75, 77",
"parenthetical": "holding the Rule 4 requirement of \"delivery\" to the appropriate United States Attorney required personal service, not service by certified mail",
"sentence": "See Bickel, 530 N.W.2d at 320 (stating a presumption the legislature acts with pur... | {
"signal": "see",
"identifier": "530 N.W.2d 320, 320",
"parenthetical": "stating a presumption the legislature acts with purpose and does not perform idle acts",
"sentence": "See Bickel, 530 N.W.2d at 320 (stating a presumption the legislature acts with purpose and does not perform idle acts); cf. Helmets v. S... | 8,436,558 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d ... | {
"signal": "see",
"identifier": "88 F.3d 191, 191",
"parenthetical": "pro se litigant's complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2... | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d ... | {
"signal": "see",
"identifier": "272 F.3d 921, 922-23",
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local... | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"senten... | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d ... | 9,214,801 | a |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d ... | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"senten... | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"senten... | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d ... | 9,214,801 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the e... | {
"signal": "see",
"identifier": "298 S.C. 477, 481",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997);... | {
"signal": "see also",
"identifier": "293 S.C. 85, 87",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 7... | 3,710,237 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the e... | {
"signal": "see also",
"identifier": "358 S.E.2d 719, 720",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.... | {
"signal": "see",
"identifier": "298 S.C. 477, 481",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997);... | 3,710,237 | b |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the e... | {
"signal": "see",
"identifier": "381 S.E.2d 508, 510",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997... | {
"signal": "see also",
"identifier": "293 S.C. 85, 87",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 7... | 3,710,237 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the e... | {
"signal": "see",
"identifier": "381 S.E.2d 508, 510",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997... | {
"signal": "see also",
"identifier": "358 S.E.2d 719, 720",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.... | 3,710,237 | a |
When the motion was filed, Nattah's claims against Secretary Gates had been dismissed with prejudice. This Court agrees with the approach that "[w]hen a plaintiffs first amended complaint asserts claims against defendants who have been dismissed from the suit," courts have "discretion in denying amendment as to those d... | {
"signal": "see also",
"identifier": "240 F.2d 406, 408",
"parenthetical": "holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice",
"sentence": "Johnson v. Dist. of Columbia, 244 F.R.D. 1, 4 (D.D.C.2007) (Lamberth, J.); see Bancoult v. McN... | {
"signal": "see",
"identifier": "214 F.R.D. 5, 8-9",
"parenthetical": "granting motion to amend complaint \"as a matter of course\" as to defendants against whom claims remained pending, but denying the motion as futile as to dismissed defendant",
"sentence": "Johnson v. Dist. of Columbia, 244 F.R.D. 1, 4 (D.D... | 5,712,541 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the par... | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhanno... | {
"signal": "see",
"identifier": "290 F.3d 159, 165",
"parenthetical": "holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge's signature, and was judicially enforceable",
"sentence": "See, e.g., Roberson v. Giuliani, ... | 9,012,866 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the par... | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhanno... | {
"signal": "see",
"identifier": "282 F.3d 268, 281",
"parenthetical": "\"We doubt that the Supreme Court's guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words 'consent decree' be used explicitly.\"",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3d 75, 81 (... | 9,012,866 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the par... | {
"signal": "see",
"identifier": "349 F.3d 469, 478",
"parenthetical": "\"[S]ome settlement agreements, even though not explicitly labeled as a 'consent decree' may confer 'prevailing party' status, if they are sufficiently analogous to a consent decree.\"",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3... | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhanno... | 9,012,866 | a |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the par... | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhanno... | {
"signal": "see",
"identifier": "288 F.3d 452, 458-59",
"parenthetical": "implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties",
"sentence": "See, e.g., Roberson v. Giuliani, 34... | 9,012,866 | b |
Again, the court has considerable doubt that the evidence presented at trial will show anything but that Land O' Lakes acted in a reasonable fashion either to assist Corcoran or to protect its own reasonable financial interests. However, the court concludes that on the present record, the question is one for the jury. | {
"signal": "cf.",
"identifier": "128 F.3d 1205, 1205",
"parenthetical": "requiring particular deference to the non-movant on summary judgment in discrimination cases, because such cases are based on inferences from circumstantial evidence of discriminatory motive",
"sentence": "Cf., e.g., Snow, 128 F.3d at 120... | {
"signal": "see",
"identifier": "90 F.3d 1376, 1376-77",
"parenthetical": "on a motion for summary judgment, the court must determine whether there are genuine issues for trial",
"sentence": "See Quick, 90 F.3d at 1376-77 (on a motion for summary judgment, the court must determine whether there are genuine iss... | 11,630,373 | b |
The state argues for a more expansive interpretation of the statute, asserting that the costs of attending the trial resulted from the crime because the expenses would not have been incurred "but for" Palubicki's commission of the crime. | {
"signal": "see also",
"identifier": "2004 WL 556946, at *3",
"parenthetical": "ruling that restitution is appropriate when a victim would not have incurred expense \"but for\" the unlawful activity",
"sentence": "See In re Welfare of D.D.G., 532 N.W.2d 279, 282-83 (Minn.App.1995) (ruling that because a reward... | {
"signal": "see",
"identifier": "532 N.W.2d 279, 282-83",
"parenthetical": "ruling that because a reward offer would not have occurred \"but for\" the defendant's bomb threat, the school district was entitled to restitution",
"sentence": "See In re Welfare of D.D.G., 532 N.W.2d 279, 282-83 (Minn.App.1995) (rul... | 8,342,272 | b |
In disparate pay cases, if a plaintiff cannot show her job responsibilities are substantially the same as the comparators, she cannot establish a prima facie case by comparing her compensation to that of the comparators. | {
"signal": "see also",
"identifier": "601 Fed.Appx. 280, 285",
"parenthetical": "plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and th... | {
"signal": "see",
"identifier": null,
"parenthetical": "plaintiff's attempt to compare his job to an operator's for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job",
"sentence": "See, e.g., Johnson v. TCB Const. Co., 334 Fed.Appx. 666, 670-(5th... | 6,840,204 | b |
In light of the district court judge's extensive curative instructions, the strength of the evidence of Scott's guilt on the offenses for which he was convicted, and the jury's independence in rejecting five of the alleged predicate acts, we conclude that Scott was not prejudiced by any improper conduct on the judge's ... | {
"signal": "see",
"identifier": "376 F.3d 1002, 1009",
"parenthetical": "holding that the trial judge's misconduct at trial did not prejudice the defendant in light of the court's curative instructions",
"sentence": "See United States v. Morgan, 376 F.3d 1002, 1009 (9th Cir.2004) (holding that the trial judge’... | {
"signal": "see also",
"identifier": "576 F.2d 1350, 1358",
"parenthetical": "noting that while charges of judicial misconduct are not \"dismissed lightly,\" and although a few of the judge's remarks were \"sharp, even sarcastic,\" they did not warrant a new trial",
"sentence": "See United States v. Morgan, 37... | 3,383,320 | a |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Was... | {
"signal": "cf.",
"identifier": "544 U.S. 197, 202-03",
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass C... | 7,014,683 | a |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass Cnty., 643 N.W.2d a... | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Was... | 7,014,683 | b |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass Cnty., 643 N.W.2d a... | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Was... | 7,014,683 | b |
At first blush, "[o]ffers made by buyers to owners would appear to be [competent] to show the value was at least equal to the offers." The former Fifth Circuit has so held in a host of condemnation cases in which a landowner sought to introduce evidence of an unaccepted offer. | {
"signal": "see",
"identifier": "355 F.2d 811, 811-14",
"parenthetical": "holding to that effect with respect to unexercised options to purchase land, which the court likened to unaccepted offers",
"sentence": "See Smith, 355 F.2d at 811-14 (holding to that effect with respect to unexercised options to purchas... | {
"signal": "cf.",
"identifier": "132 F.2d 963, 963",
"parenthetical": "affirming exclusion of expert opinions, apparently based largely upon asking price not accepted",
"sentence": "See Smith, 355 F.2d at 811-14 (holding to that effect with respect to unexercised options to purchase land, which the court liken... | 4,198,977 | a |
Substantial evidence supports the agency's dispositive conclusion that Perez Herrera failed to establish the government of Mexico was or would be unwilling or unable to control her alleged persecutor. | {
"signal": "see also",
"identifier": "399 F.3d 1148, 1154",
"parenthetical": "record did not compel finding government unwilling or unable to control private persecutors where police took reports and investigated complaints, though unable to solve crimes",
"sentence": "See Castro-Perez v. Gonzales, 409 F.3d 10... | {
"signal": "see",
"identifier": "409 F.3d 1069, 1072",
"parenthetical": "considering country reports and petitioner's specific case in determining petitioner failed to establish the government was unable or unwilling to control persecutors",
"sentence": "See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th C... | 4,158,738 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "497 U.S. 227, 242",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests else... | {
"signal": "no signal",
"identifier": "494 U.S. 484, 495",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (conclud... | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "110 S. Ct. 2822, 2831",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests ... | {
"signal": "no signal",
"identifier": "494 U.S. 484, 495",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (conclud... | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "497 U.S. 227, 242",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests else... | {
"signal": "no signal",
"identifier": "110 S. Ct. 1257, 1263-64",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (... | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "no signal",
"identifier": "110 S. Ct. 1257, 1263-64",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (... | {
"signal": "see also",
"identifier": "110 S. Ct. 2822, 2831",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests ... | 4,262,140 | a |
We do not suggest that a stipulation cannot be used to meet the requirements of West Virginia Code SS 49-6-2(c). Clearly, a stipulation is a valid means of establishing the parties' assent to the averments contained within an abuse or neglect petition. | {
"signal": "see also",
"identifier": "673 A.2d 1259, 1270",
"parenthetical": "finding that \"[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child\"",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. ... | {
"signal": "see",
"identifier": "172 W.Va. 52, 52",
"parenthetical": "noting use of stipulation to make showing of abuse and neglect",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.C... | 8,578,328 | b |
We do not suggest that a stipulation cannot be used to meet the requirements of West Virginia Code SS 49-6-2(c). Clearly, a stipulation is a valid means of establishing the parties' assent to the averments contained within an abuse or neglect petition. | {
"signal": "see also",
"identifier": "673 A.2d 1259, 1270",
"parenthetical": "finding that \"[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child\"",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. ... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting use of stipulation to make showing of abuse and neglect",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.Ct.App.1996) (f... | 8,578,328 | b |
Judge Grady ordered IH to make its files available to the PBGC because IH was unwilling to bear the expense of searching for the documents that PBGC wanted. IH apparently did not raise the problem of searching through its files to identify privileged matters, a task it claims to have undertaken previously in any event. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "disclosure pursuant to SEC subpoena without objection would result in waiver unless confidentiality was expressly reserved, e.g., by stipulation or protective order",
"sentence": "See also Transamerica, 573 F.2d at 649-50, 652 (privilege claims preserved ... | {
"signal": "see also",
"identifier": "573 F.2d 649, 649-50, 652",
"parenthetical": "privilege claims preserved where disclosure problems were brought to trial judge's attention",
"sentence": "See also Transamerica, 573 F.2d at 649-50, 652 (privilege claims preserved where disclosure problems were brought to tr... | 7,403,393 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contrac... | {
"signal": "no signal",
"identifier": "60 F. Supp.2d 561, 561",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-5... | {
"signal": "cf.",
"identifier": "150 Va. 796, 827",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is... | 165,915 | a |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contrac... | {
"signal": "cf.",
"identifier": "143 S.E. 317, 327",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services i... | {
"signal": "no signal",
"identifier": "60 F. Supp.2d 561, 561",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-5... | 165,915 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contrac... | {
"signal": "cf.",
"identifier": "150 Va. 796, 827",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is... | {
"signal": "no signal",
"identifier": "392 F. Supp. 1089, 1094-95",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.... | 165,915 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contrac... | {
"signal": "cf.",
"identifier": "143 S.E. 317, 327",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services i... | {
"signal": "no signal",
"identifier": "392 F. Supp. 1089, 1094-95",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.... | 165,915 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes t... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes t... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does n... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does n... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does n... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does n... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support ... | 11,708,063 | b |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislatio... | {
"signal": "no signal",
"identifier": "964 F.2d 39, 39, 43",
"parenthetical": "holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit \"failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political vi... | {
"signal": "see also",
"identifier": "714 F.2d 1192, 1192",
"parenthetical": "\"It is difficult to infer that defendants were motivated by dislike of plaintiffs' exercise of free speech rather than simply by disapproval of the proposed [pier].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the pla... | 11,545,198 | a |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislatio... | {
"signal": "no signal",
"identifier": "964 F.2d 39, 39, 43",
"parenthetical": "holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit \"failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political vi... | {
"signal": "cf.",
"identifier": "118 F.3d 871, 871",
"parenthetical": "\"The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (hol... | 11,545,198 | a |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislatio... | {
"signal": "cf.",
"identifier": "118 F.3d 871, 871",
"parenthetical": "\"The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (hol... | {
"signal": "see also",
"identifier": "714 F.2d 1192, 1192",
"parenthetical": "\"It is difficult to infer that defendants were motivated by dislike of plaintiffs' exercise of free speech rather than simply by disapproval of the proposed [pier].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the pla... | 11,545,198 | b |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“W... | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public enti... | 4,301,830 | a |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“W... | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public enti... | 4,301,830 | a |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“W... | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public enti... | 4,301,830 | a |
The government's entire case consists of four pieces of circumstantial evidence: (1) a hat with multiple DNA matches worn by Bonner was also worn by one of the robbers; (2) Bonner's wallet, discovered in the alleged getaway car; (3) phone records showing calls from Bonner's cell phone to Ms. Edmonds and Mr. Ruth the ni... | {
"signal": "see",
"identifier": "269 Fed.Appx. 338, 342",
"parenthetical": "evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possessio... | {
"signal": "cf.",
"identifier": "366 Fed.Appx. 481, 484",
"parenthetical": "relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); U... | 3,740,057 | a |
The government's entire case consists of four pieces of circumstantial evidence: (1) a hat with multiple DNA matches worn by Bonner was also worn by one of the robbers; (2) Bonner's wallet, discovered in the alleged getaway car; (3) phone records showing calls from Bonner's cell phone to Ms. Edmonds and Mr. Ruth the ni... | {
"signal": "see",
"identifier": "507 F.3d 245, 245",
"parenthetical": "evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it",
"sentence": "See, ... | {
"signal": "cf.",
"identifier": "366 Fed.Appx. 481, 484",
"parenthetical": "relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); U... | 3,740,057 | a |
This is so because it was incorporated into the pleadings by reference -- the complaint specifically mentioned it as the Plan under which the Van Nattas' claims arose against Sara Lee. See Deerbrook Pavilion, L.L. | {
"signal": "no signal",
"identifier": "235 F.3d 1100, 1101",
"parenthetical": "stating that \"[o]n a motion to dismiss, a court must primarily consider the allegations contained in the complaint, although matters of public and administrative record referenced in the complaint may also be taken into account\"",
... | {
"signal": "see also",
"identifier": null,
"parenthetical": "examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings",
"sentence": "Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) (indicating that \"[djocu-me... | 3,425,410 | a |
This is so because it was incorporated into the pleadings by reference -- the complaint specifically mentioned it as the Plan under which the Van Nattas' claims arose against Sara Lee. See Deerbrook Pavilion, L.L. | {
"signal": "see also",
"identifier": null,
"parenthetical": "examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings",
"sentence": "Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) (indicating that \"[djocu-me... | {
"signal": "no signal",
"identifier": "987 F.2d 429, 431",
"parenthetical": "indicating that \"[djocu-ments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [its] claim\"",
"sentence": "Corp. v. Zenith ... | 3,425,410 | b |
. Father also argues the juvenile court was hostile to ICWA and Father's rights as an American Indian. After considering Father's argument we conclude it is without merit. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting claim of bias and c... | {
"signal": "see also",
"identifier": "776 P.2d 886, 888",
"parenthetical": "stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\"",
"sentence": "See State v. Mat... | 9,452,945 | a |
. Father also argues the juvenile court was hostile to ICWA and Father's rights as an American Indian. After considering Father's argument we conclude it is without merit. | {
"signal": "see",
"identifier": "375 P.2d 392, 394",
"parenthetical": "rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting clai... | {
"signal": "see also",
"identifier": "776 P.2d 886, 888",
"parenthetical": "stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\"",
"sentence": "See State v. Mat... | 9,452,945 | a |
Of those calls, 13 were minimized. I am satisfied that the government's efforts at minimization in these categories were reasonable. | {
"signal": "see also",
"identifier": "508 F.2d 873, 873",
"parenthetical": "list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relative... | {
"signal": "see",
"identifier": "436 U.S. 140, 140",
"parenthetical": "percentage of nonperti-nent calls was relatively high yet their interception was reasonable",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their interc... | 7,356,366 | b |
Of those calls, 13 were minimized. I am satisfied that the government's efforts at minimization in these categories were reasonable. | {
"signal": "see also",
"identifier": "508 F.2d 873, 873",
"parenthetical": "list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relative... | {
"signal": "see",
"identifier": "98 S.Ct. 1724, 1724",
"parenthetical": "percentage of nonperti-nent calls was relatively high yet their interception was reasonable",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their inte... | 7,356,366 | b |
Legal Aid is correct, as far as it goes, that the Second Circuit expressly has ruled that Legal Aid is not a state actor. | {
"signal": "no signal",
"identifier": "445 F.2d 1150, 1157",
"parenthetical": "holding that although Legal Aid provides services for indigent criminal defendants which governmental agencies otherwise might have to assume, it is a private institution \"in no manner under State or City supervision or control\"",
... | {
"signal": "see also",
"identifier": "454 U.S. 312, 325",
"parenthetical": "\"[A] public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding.\"",
"sentence": "Lefcourt v. Legal Aid Soc., 445 F.2d 1150, 1157 (2d Cir.1... | 650,755 | a |
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